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WCAB's Denial of 132a Claim Does Not Bar Civil Claim Under FEHA

Posted by Sure S. Log on Oct 18, 2022 9:00:00 AM

Generally, workers' compensation is the exclusive remedy for injuries occurring at the workplace. A worker normally must pursue claims for work-related injuries before the Workers' Compensation Appeals Board (WCAB) rather than sue the employer in civil court.

Nevertheless, certain types of intentional conduct take the employer beyond the boundaries of the compensation bargain. In City of Moorpark v. Superior Court of Ventura County (Dillon) (1998) 18 Cal.4th 1143, the California Supreme Court held that discrimination falls outside of the compensation bargain. It concluded that Labor Code 132a does not provide the exclusive remedy for discrimination based on a work-related injury.

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Topics: 132a, res judicata, Fair Employment and Housing Act, FEHA, collateral estoppel

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